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Can I stay beyond Max-out Date on L-1B if I-94 date is in future?

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  • Can I stay beyond Max-out Date on L-1B if I-94 date is in future?

    Hi Experts,

    I am in the US since 2010 on L-1B visa. My last visa renewal (or fresh application) was in 2014 from Mexico. As I understand that on L-1B, I can stay only till 5 years (physical stay) and that date for me is 24-Jun-2015. My I-94 is valid till 18-Jun-2017 and my current L-1B visa is valid till 16-Jun-2019.

    Currently, my company has filed L-1B to L-1A conversion which will give me another 2 years (as L-1A max-out is 7 years). I have filled DS160 form for US Consulate at Vancouver, Canada but when I went for scheduling the interview date, I could get the earliest date at 18-Aug-2015 which is beyond my current physical max-out date of 24-Jun-2015. I have requested them for an earlier appointment date today and I am not sure what would be their decision.

    While I am checking with my attorneys, I want to ask, Can I stay till 18-Aug-2015 to attend the visa interview even if my max-out date is passed but I-94 is valid?

    This seems to be a little tricky situation to me. I called Vancouver Consulate and explained my story to someone over the phone and she said, "Yes, I can stay till my interview date". She asked me to secure the appointment date and request for "Expedited" appointment which I did but she was very casual in her response and I did not get confidence in her response. I definitely don't want to do here anything which is not as per the law of the land.

    Appreciate your prompt response to my question here !

    Thanks !

  • #2
    There's a lot of factors at play - consult an immigration attorney.

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